Terms of Use / End User License Agreement

This Terms of Service (hereinafter referred to as "the Terms") is set by Bass Drum Inc. (hereinafter referred to as "the Company") regarding the conditions for using the service provided on this web service (hereinafter referred to as "the Service"). All registered users (hereinafter referred to as "Users") shall use the Service in accordance with these Terms.

Article 1 (Application)

  1. This Terms of Service (the 'Terms') shall apply to all relationships between the User and the Company concerning the use of this Service.
  2. In addition to these Terms, the Company may establish various rules, provisions (hereinafter referred to as 'Individual Provisions'), etc., regarding the use of this Service. Regardless of their names, these Individual Provisions shall constitute a part of these Terms.
  3. In the event of a conflict between the provisions of these Terms and the Individual Provisions, unless expressly provided otherwise in the Individual Provisions, the provisions of the Individual Provisions shall prevail.

Article 2 (User Registration)

  1. In this Service, the registration process is completed when an applicant wishing to register agrees to these Terms, applies for registration in the manner prescribed by the Company, and the Company notifies the applicant of its approval.
  2. The Company may refuse the application for registration if it determines that the applicant has any of the following reasons, and is under no obligation to disclose any reasons for this.
    1. If the applicant has provided false information in the application for registration.
    2. If the application is from an individual who has violated these Terms.
    3. If the Company deems the registration to be inappropriate for any other reason.

Article 3 (Management of User ID and Password)

  1. The user shall be responsible for properly managing their User ID and password for this Service.
  2. The user must not, under any circumstances, transfer, lend or share their User ID and password with a third party. The Company will assume that the user registered with the User ID is using the service if the combination of the User ID and password matches the registered information when logging in.
  3. The Company shall not be responsible for any damage arising from the use of the User ID and password by a third party, except in cases where the Company has acted intentionally or with gross negligence.

Article 4 (Usage Fee and Payment Method)

  1. The user shall pay the usage fee for the paid portion of this Service, as separately stipulated by the Company and displayed on this website, by the method specified by the Company.
  2. If the user is delinquent in paying the usage fee, the user shall be required to pay a late charge at a rate of 14.6% per annum.

Article 5 (Prohibited Acts)

In using the Service, the User shall not engage in any of the following acts

  1. Acts violating any laws or public order and morality
  2. Acts related to criminal activities
  3. Acts that destroy or interfere with the servers or network functionality of the Company, other users of this Service, or third parties
  4. Acts that may hinder the operation of the Company's services
  5. Acts of collecting or accumulating personal information, etc. about other users
  6. Unauthorized access or attempts to access
  7. Impersonating another user
  8. Providing direct or indirect benefits to antisocial forces in connection with the Company's services
  9. Infringing on the intellectual property rights, portrait rights, privacy, reputation, or any other rights or interests of the Company, other users of this Service, or third parties
  10. Posting or transmitting content that the Company deems to include or contain the following expressions:
    1. Excessively violent expressions
    2. Explicit sexual expressions
    3. Expressions leading to discrimination based on race, nationality, creed, sex, social status, or family origin
    4. Expressions that induce or promote suicidal acts, self-injury behavior, or drug abuse
    5. Other antisocial content containing expressions that cause discomfort to others
  11. Acts that the Company judges to be aimed at the following purposes:
    1. Business, advertising, solicitation, or any other commercial purposes (except those permitted by the Company)
    2. Sexual acts or obscene acts
    3. Meeting or dating with an unfamiliar opposite sex
    4. Acts for the purpose of harassment or defamation against other users
    5. Acts intended to cause disadvantage, damage, or discomfort to the Company, other users of this Service, or third parties
    6. Using this Service for purposes other than those for which it is intended
  12. Religious activities or solicitation for religious groups
  13. Other acts that the Company deems inappropriate

Article 6 (Suspension of Service)

  1. The Company may suspend or interrupt the provision of all or part of the Service without prior notice to the User if it determines that any of the following circumstances exist:
    1. In case of maintenance, inspection, or update of the computer system related to the Service
    2. When it becomes difficult to provide the Service due to force majeure such as earthquakes, lightning strikes, fires, power outages, or natural disasters
    3. In case the computer or communication lines, etc., are stopped due to an accident
    4. In other cases where the Company determines that it is difficult to provide the Service
  2. The Company shall not be liable for any disadvantage or damage suffered by the User or a third party due to the suspension or interruption of the provision of the Service.

Article 7 (Copyright)

  1. The User may use the Service and post or upload information such as text, images, and videos only if the User owns the necessary intellectual property rights, including copyright, or has obtained the necessary permissions from the rights holder.
  2. The copyright of the text, images, and videos that the User posts or uploads using this Service shall be reserved by the User or other existing rights holders. However, the Company may use the text, images, and videos posted or uploaded using the Service to the extent necessary for the improvement of the Service, enhancement of quality, correction of errors, and promotion and advertisement of the Service. The User shall not exercise moral rights with respect to this use.
  3. Except as provided in the preceding paragraph, the copyright and other intellectual property rights concerning all information related to the Service belong to the Company or the rights holders who have authorized the Company to use them. The User may not, without permission, reproduce, transfer, lend, translate, modify, reprint, publicly transmit (including making transmittable), transmit, distribute, publish, or use for commercial purposes.

Article 8 (Usage Restrictions and Account Termination)

  1. The Company may, without prior notice, delete posted data, restrict the User from using all or part of this Service, or terminate the User's registration, in any of the following cases:
    1. Violation of any provisions of these Terms
    2. Discovery of false information in the registered content
    3. The credit card reported by the User as a payment method is suspended
    4. Failure to fulfill payment obligations
    5. No response to communications from the Company for a certain period of time
    6. No use of the Service for a certain period of time since the last usage
    7. Other cases where the Company deems the use of the Service inappropriate
  2. In any of the cases mentioned in the preceding paragraph, the User shall automatically lose the benefit of the term against the Company, and must immediately pay in full all debts owed at that point in time.
  3. The Company assumes no responsibility for any damages incurred by the User due to actions taken by the Company under this Article.

Article 9 (Resignation)

Users can resign from this service following the resignation procedures set by the Company.

Article 10 (Disclaimer of Warranty and Limitation of Liability)

  1. We do not expressly or impliedly warrant that our service is free from factual or legal defects, including but not limited to defects, errors, or bugs related to safety, reliability, accuracy, completeness, efficacy, suitability for a particular purpose, security, or infringement of rights.
  2. We are not liable for any damages caused to users due to this service, except in cases of our intentional or gross negligence. However, if the contract between us and the user regarding this service (including these terms) is a consumer contract as defined by the Consumer Contract Law, this exemption clause does not apply.
  3. Even in the cases mentioned in the proviso of the preceding paragraph, we are not liable for any damages arising from special circumstances (including cases where we or the user could foresee or have foreseen the occurrence of damage) caused by our negligence (excluding gross negligence). Compensation for damages to users due to our negligence (excluding gross negligence) is limited to the amount of fees we received from the user in the month the damage occurred.
  4. We bear no responsibility for transactions, communications, or disputes, etc. arising between users or between users and third parties in connection with this service.

Article 11 (Modification of Service Contents)

We may change, add, or terminate the contents of this service with prior notice to users, and users shall accept this.

Article 12 (Amendment of Terms of Use)

  1. We may change these Terms without the individual consent of the user in the following cases:
    1. When the change in the Terms is in the general interest of the users.
    2. When the change in the Terms does not conflict with the purpose of the service use agreement, and considering the necessity of the change, the reasonableness of the contents after the change, and other circumstances related to the change, it is deemed reasonable.
  2. We will notify users in advance of changes to these Terms according to the preceding paragraph, informing them of the intent to change the Terms, the content of the Terms after the change, and the time when the change will take effect.

Article 13 (Handling of Personal Information)

We will handle personal information obtained through the use of this service appropriately in accordance with our Privacy Policy.

Article 14 (Notifications and Communications)

Notifications or communications between the user and the company shall be conducted by methods determined by the company. Unless the user submits a change notification according to the manner separately prescribed by the company, the company shall deem the currently registered contact information as valid and send notifications or communications to that contact. These communications are considered to have reached the user at the time of dispatch.

Article 15 (Prohibition of Transfer of Rights and Obligations)

The user may not transfer their position in the usage contract or any rights or obligations based on these terms to a third party without the prior written consent of the company, nor provide them as collateral.

Article 16 (Governing Law & Jurisdiction)

  1. The interpretation of these terms shall be governed by the laws of Japan.
  2. In the event of any dispute arising in connection with this service, the courts with jurisdiction over the location of our company's headquarters will have exclusive jurisdiction.

Enacted on April 7, 2022